CITY OF NORTH LAUDERDALE

COMMISSION MEETING

APRIL 25, 2006

WORKSHOP WITH CHARTER BOARD – 6:00 P.M.

REGULAR COMMISSION MEETING – 7:00 P.M.

 

MINUTES

 

 

WORKSHOP – convened at 6 P.M.

 

1.         ROLL CALL

 

            PRESENT:

 

BRENDA. EDWARDS, CHAIR

 JOE JANOSIK, VICE CHAIR

 

JACK BRADY, MAYOR

RICH MOYLE, VICE MAYOR

GARY FRANKEL, COMMISSIONER

JOHN CANGEMI, COMMISSIONER

DAVID HILTON, COMMISSIONER

 

            RICHARD D. SALA, CITY MANAGER

            SAMUEL S. GOREN, CITY ATTORNEY

            C. MILLI DYER, CITY CLERK

 

            ABSENT:

 

MARGERY B. KOLKER, MEMBER – ABSENT

RENEE BROWN, MEMBER - ABSENT

 

 

Meeting was opened by City Attorney Goren.

 

 

2.                  DISCUSSION OF EACH OF THE FOLLOWING ORDINANCES

 

Sam Goren introduced the proposals and explained the effect of each.

 

 

a.      Draft Proposal #1 - GRANTING THE MAYOR AND CITY MANAGER SPECIAL ENHANCED EMERGENCY POWERS

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR AMENDING SECTION 3.3 ENTITLED “MAYOR AND VICE MAYOR,” AND ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.5 ENTITLED “POWERS AND DUTIES OF THE CITY MANAGER;” GRANTING THE MAYOR AND CITY MANAGER SPECIAL ENHANCED EMERGENCY POWERS, SUBJECT TO SECTION 252.38, F.S., SO THAT THEY MAY BE ABLE TO BEST PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF RESIDENTS OF NORTH LAUDERDALE DURING TIMES OF CRISIS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

b.      Draft Proposal #2 - DESIGNATE THE ASSISTANT CITY MANAGER TO ASSUME THE CITY MANAGER’S  RESPONSIBILITIES IN THE CITY MANAGER’S ABSENCE

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.4 ENTITLED “ACTING CITY MANAGER”; PROVIDING FOR THE CITY MANAGER TO DESIGNATE THE ASSISTANT CITY MANAGER TO ASSUME THE CITY MANAGER’S  RESPONSIBILITIES IN THE CITY MANAGER’S ABSENCE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

c.       Draft Proposal #3 - PENSION PLANS FOR ELECTED CITY OFFICIALS WHO HAVE SERVED THE CITY FOR AT LEAST FOUR TERMS, AS DEFINED BY STATUTE, OR THIRTEEN YEARS, OF TOTAL SERVICE; PROVIDING FOR CREDITABLE YEARS OF SERVICE FOR CURRENT ELECTED OFFICIALS

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR CREATING SECTION 3.17 ENTITLED “PENSION PLANS FOR ELECTED OFFICIALS”; PROVIDING FOR PENSION PLANS FOR ELECTED CITY OFFICIALS WHO HAVE SERVED THE CITY FOR AT LEAST FOUR TERMS, AS DEFINED BY STATUTE, OR THIRTEEN YEARS, OF TOTAL SERVICE; PROVIDING FOR CREDITABLE YEARS OF SERVICE FOR CURRENT ELECTED OFFICIALS; PROVIDING THAT THE PENSION PLAN IS ACTUARIALLY SOUND, SUBJECT TO CH. 112, F.S., AND CONDITIONED ON THE AVAILABLITY OF CITY FUNDING; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

d.      Draft Proposal #4 - INCREASE THE EXPENDITURE AMOUNT REQUIRING CITY COMMISSION APPROVAL FROM $10,000 TO $25,000

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 9, ENTITLED “GENERAL PROVISIONS,” AND IN PARTICULAR AMENDING SECTION 9.10, ENTITLED “PURCHASES” TO INCREASE THE EXPENDITURE AMOUNT REQUIRING CITY COMMISSION APPROVAL FROM $10,000 TO $25,000; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

e.      Draft Proposal #5 - REQUIRING CANDIDATES FOR ELECTED OFFICE TO HAVE BEEN DOMICILED WITHIN THE DISTRICT THAT THEY SEEK TO REPRESENT FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR AMENDING SECTION 3.2 ENTITLED “CITY COMMISSION; COMPOSITION; ELIGIBILITY; ELECTION AND TERM OF OFFICE”; REQUIRING CANDIDATES FOR ELECTED OFFICE TO HAVE BEEN DOMICILED WITHIN THE DISTRICT THAT THEY SEEK TO REPRESENT FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING IN ACCORDANCE WITH THIS CHARTER AS A  CANDIDATE FOR ELECTED OFFICE; PROVIDING THAT CANDIDATES FOR MAYOR BE DOMICILED WITHIN THE CITY FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING IN ACCORDANCE WITH THIS CHARTER AS A  CANDIDATE FOR ELECTED OFFICE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

f.        Draft Proposal #6 - EXTENSION OF THE TIME IN WHICH A RESOLUTION OR ORDINANCE OF THE CITY COUNCIL CALLING FOR AN ELECTION MUST BE ADOPTED  PRIOR TO SUCH ELECTION FROM THIRTY (30) DAYS TO FORTY-FIVE (45) DAYS

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS,” AND IN PARTICULAR AMENDING SECTION 8.8 ENTITLED “ELECTIONS”; PROVIDING FOR AN EXTENSION OF THE TIME IN WHICH A RESOLUTION OR ORDINANCE OF THE CITY COUNCIL CALLING FOR AN ELECTION MUST BE ADOPTED  PRIOR TO SUCH ELECTION FROM THIRTY (30) DAYS TO FORTY-FIVE (45) DAYS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

 

g.      Draft Proposal #7 - ALL ELECTIONS FOR CITY OFFICES TO BE      HELD IN NOVEMBER

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS,” AND IN PARTICULAR AMENDING SECTION 8.0 ENTITLED “GENERALLY”; PROVIDING FOR ALL ELECTIONS FOR CITY OFFICES TO BE HELD IN NOVEMBER IN ACCORDANCE WITH SECTION 100.031, F.S. AND 2005 FL LAW CH. 318 AND 2004 FL LAW CH. 443; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

h.Draft Proposal #8 - REQUIRE FILING FEES OF FIVE PERCENT                                   (5%) OF THE CITY COMMISSIONER’S ANNUAL SALARY

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS” AND IN PARTICULAR AMENDING SECTION 8.0 ENTITLED “GENERALLY,” TO REQUIRE FILING FEES OF FIVE PERCENT (5%) OF THE CITY COMMISSIONER’S ANNUAL SALARY TO BE FILED WITH THE CITY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE

 

 

i.        Draft Proposal #9 - PROVIDING FOR AN ADDITIONAL NINETY (90) DAY PERIOD TO CONDUCT A SEARCH FOR A CITY MANAGER IN THE EVENT THAT THE CITY MANAGER POSITION SHOULD BECOME VACANT

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.7 ENTITLED “VACANCY OF CITY MANAGER POSITION”; PROVIDING FOR AN ADDITIONAL NINETY (90) DAY PERIOD TO CONDUCT A SEARCH FOR A CITY MANAGER IN THE EVENT THAT THE CITY MANAGER POSITION SHOULD BECOME VACANT;  PROVIDING FOR A PROCESS BY WHICH THE CITY COUNCIL MAY APPROVE ADDITIONAL TIME TO SEARCH FOR A CITY MANAGER IN THE EVENT OF A VACANCY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES IN THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL MUNICIPAL BALLOT AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

j.        Draft Proposal #10 – REWORDING AND CLARIFYING CHARTER BY  MODIFYING AND ELIMINATING        INEFFECTIVE LANGUAGE.

 

AN ORDINANCE OF THE CIT OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE; TO PROVIDE FOR THE REWORDING AND CLARIFYING OF THE CHARTER BY MODIFYING AND ELIMINATING INEFFECTIVE LANGUAGE; PROVIDING FOR GENDER EQUALITY; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER GENERAL ELECTION BALLOT AND IT SHOULD  BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACRE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS, SEVERABILITY, INCLUSION IN THE CODE AND PROVIDING AN EFFECTIVE DATE.

 

 

3.                  CHOOSE BY CONSENSUS THOSE ORDINANCES TO BE PLACED ON THE MAY 9TH AGENDA FOR FIRST READING.

Mayor Brady recommends the following  prioritized order:

 

            Proposal          Order on Ballot

 

7                                            1

3                                            2

8                                            3

4                                            4

1                                            5

2                                            6

 

Consensus:  Put them all on May 9th meeting agenda for first reading.     Put the above prioritized  proposals as 1 through 6 followed by the other proposals.

 

4.                  ADJOURNMENT – 6:59 p.m.

 

 

 


 

REGULAR MEETING - 7:00 PM

 

The North Lauderdale City Commission met on April 25, 2006 at the Municipal Complex.  The meeting convened at 7 pm.

 

1.         INVOCATION AND PLEDGE OF ALLEGIANCE – Vice Mayor Moyle

 

2.         ROLL CALL

 

            Present:

 

            Mayor Jack Brady

            Vice Mayor Rich Moyle

            Commissioner Gary Frankel

            Commissioner John R. Cangemi

            Commissioner David G. Hilton

 

            City Manager Richard D. Sala

            City Attorney Samuel S. Goren

            City Clerk C. Milli Dyer

 

 

3.                        MINUTES

a.       March  28, 2006 – Commissioner Frankel moved to approve as submitted.  Seconded by Commissioner Cangemi.

 

MARCH 28TH MINUTES APPROVED UNANIMOUSLY.

 

b.      April 10, 2006 -   Commissioner Frankel moved to approve as submitted.  Seconded by Commissioner Cangemi.

 

APRIL 10, MINUTES APPROVED UNANIMOUSLY.

 

 

4.                  PRESENTATIONS

 

a.      Proclamation – Hurricane Preparedness Week – May 21 – May 27, 2006

 

b.      Proclamation – May – Older Americans Month

 

c.       Proclamation – April – Water Conservation Month

 

d.       Proclamation – Municipal Clerk’s Week – April 30 – May 6, 2006

 

e.      Proclamation – National Emergency Medical Services Week – May 14 – May 20, 2006

 

5.         PUBLIC DISCUSSION

 

Keith Yacano made suggestions for the use of the school building including medical and attorney offices.   He complained about speeding in his neighborhood particulary a black Mustang.    Mr. Yacono said that there should be some limit as to what colors you can paint your house.   He also complained that  a tree from neighbors property, damaged by “Wilma” needs to be cut down.

 

Joe Maguire  of  701 SW 83rd Avenue complained about the same speeder in the black Mustang and he also complained about the garbage collection.  He said trash is left behind and garbage receptacles are left in the road.

 

 

 

6.                  QUASI-JUDICIAL ITEMS

 

a.      Tuscany Village Related items – Ms. Reed gave presentation of all Tuscany Items

 

                                                               i.       Tuscany Village Preliminary Plat Approval PLT 06-01 – Ordinance First Reading

 

NAME OF APPLICANT

Cornerstone Group Associates, Inc.

PROJECT NAME

Tuscany Village Development 

PROJECT LOCATION

5601 N. State Road 7 (West of SR 7 at the intersection with Prospect Road)

PROJECT DESCRIPTION

First reading of Ordinance - Preliminary approval to replat a portion of Tract 9 “Fort Lauderdale Truck Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Tuscany Village Plat” and to restrict the plat to the development of not more than 400 residential units

 

  • City Attorney Goren swore in all interested parties.  He then read the title of the first Ordinance:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND ACCEPTING THE REPLAT OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF LAND DESCRIBED AS a portion of Tract 9 “Fort Lauderdale Truck Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Tuscany Village Plat” and to restrict the plat to the development of not more than 400 residential, AS MORE FULLY DESCRIBED HEREIN, SUBJECT TO INCLUSION OF PLAT NOTE; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO SIGN SAID PLAT AND AFFIX THERETO THE SEAL OF THE CITY OF NORTH LAUDERDALE, FLORIDA AND TAKE OTHER ACTION; ACCEPTING THE DEDICATION OF STREETS, ROADS, ALLEYS, SWALES, BRIDGES AND OTHER PUBLIC EASEMENTS AND OTHER DEDICATIONS; CONTINGENT UPON ACCEPTANCE BY THE BROWARD COUNTY BOARD OF COMMISSIONERS, AND OTHER CONTINGENCIES AS OUTLINED IN THIS ORDINANCE; VACATING, CANCELING, VOIDING, SUPERSEDING PRIOR PLATS; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

 

Gerry Valent representing as the applicant, showed slides of property and proposed development     R. Sala gave a short  presentation.  Public Hearing was opened on all Tuscany items.  No comments.  Public Hearing closed.

 

Vice Mayor Moyle moved to pass the ordinance on first reading.  Seconded by Commissioner Frankel.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

ii.   Tuscany Village Development Rezoning   ZLU 04-05B – Ordinance First Reading

NAME OF APPLICANT

Cornerstone Group Associates, Inc.

PROJECT NAME

Tuscany Village Development 

PROJECT LOCATION

5601 N. State Road 7 (West of SR 7 at the intersection with Prospect Road)

PROJECT DESCRIPTION

First Reading of Ordinance - Zoning amendment to the City of North Lauderdale zoning map to rezone approximately 27.47 acres of land from Mobile Home (MH) Zoning District to Planned Unit Development (PUD) District.

 

 

Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT: a portion of Tract 9 “Fort Lauderdale Truck Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Tuscany Village Plat”, MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION Mobile Home (MH)  to Planned Unit Development (PUD); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

 

 

iii.  Tuscany Village Preliminary Site Plan Review – SPR 06-01

 

NAME OF APPLICANT

Cornerstone Group Associates, Inc.

PROJECT NAME

Tuscany Village Development 

PROJECT LOCATION

5601 N. State Road 7 (West of SR 7 at the intersection with Prospect Road)

PROJECT DESCRIPTION

Preliminary site plan review to permit development of the 392 residential units on the existing mobile home park site within proposed Planned Unit Development District (PUD), and development of mixed use buildings containing 17,000 sq. ft. of retail on the first floors and no more than 12 condominium units on the second floor, on the existing vacant parcel of land located in front of the existing mobile home park along State Road 7 within a Community Business (B-2) District.

.

 

Commissioner Frankel moved to approve a preliminary site plan to permit development of 394 residential units within a proposed Planned Unit Development (PUD) zoning district.  Motion seconded by Commissioner Cangemi.

 

PRELIMINARY SITE PLAN APPROVED UNANIMOUSLY.

 

 

                  iv.  Developer’s Agreement - Tuscany Village - Cornerstone Group Holdings, Inc.   Ordinance First Reading

 

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, CORNERSTONE GROUP ASSOCIATES, INC. AS DEVELOPER, AND IMPERIAL VILLAGE OF BROWARD, LTD, A FLORIDA LIMITED PARTNERSHIP IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225, FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel moved to approve on first reading.  Seconded by Vice Mayor Moyle.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

 

 

b.      North Broward Academy of Excellence – Site Plan Review  - 

      SPR 06-02

 

NAME OF APPLICANT

Saltz Michelson Architects

PROJECT NAME

North Broward Academy of Excellence Charter School Redevelopment

PROJECT LOCATION

8200 SW 17th Street

PROJECT DESCRIPTION

Preliminary and Final site plan review to permit redevelopment of an existing charter school, which includes  the partial demolition of Building “B”, demolition of  building “A” and development a new two-story (16,710 sq. ft.) building with parking improvements within a Community Facility (CF) District

 

All interested parties were sworn in by City Attorney Goren.  Staff Presentation -  Tammy Reed

 

Vice Mayor Moyle moved to approve the site plan  to permit redevelopment of an existing charter school, which includes  the partial demolition of Building “B”, demolition of  building “A” and development a new two-story (16,710 sq. ft.) building with parking improvements within a Community Facility (CF) District.  Motion seconded by Commissioner Cangemi.  All yes

 

SITE PLAN APPROVED UNANIMOUSLY.

 

 

c.       Mediterania Townhomes – Plat Approval – PLT 005-01 (Final)

      Ordinance Second Reading

NAME OF APPLICANT

HSQ Group, Inc., for Mediterania of North Lauderdale, Inc. United Homes International, Inc.

PROJECT NAME

Mediterania of North Lauderdale Townhomes

PROJECT LOCATION

SW Corner of SW 17th Street and SW 81st Avenue

PROJECT DESCRIPTION

Final approval to replat a portion of Tract One “Fort Lauderdale Truck Farms Company Plat” (approximately 4.179 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “ Mediterranean Plat” and to restrict the plat to the development of not more than 58 townhouse units.

 

 

All interested parties were sworn in by City Attorney Goren.  Staff  presentation by Ms. Reed.

Attorney read:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND ACCEPTING THE REPLAT OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF LAND DESCRIBED AS A PORTION OF TRACT ONE, FORT LAUDERDALE TRUCK FARMS AS RECORDED IN PLAT BOOK 4, AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AS MORE FULLY DESCRIBED HEREIN, SUBJECT TO INCLUSION OF PLAT NOTE; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO SIGN SAID PLAT AND AFFIX THERETO THE SEAL OF THE CITY OF NORTH LAUDERDALE, FLORIDA AND TAKE OTHER ACTION; ACCEPTING THE DEDICATION OF STREETS, ROADS, ALLEYS, SWALES, BRIDGES AND OTHER PUBLIC EASEMENTS AND OTHER DEDICATIONS; CONTINGENT UPON ACCEPTANCE BY THE BROWARD COUNTY BOARD OF COMMISSIONERS, AND OTHER CONTINGENCIES AS OUTLINED IN THIS ORDINANCE; VACATING, CANCELING, VOIDING, SUPERSEDING PRIOR PLATS; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

 

Commissioner Cangemi moved to adopt.  Seconded by Vice Mayor Moyle.  


ORDINANCE 06-04-1154 PASSED AND ADOPTED UNANIMOUSLY.

 

Mayor Brady presented a trophy to Mr. Mijaris for his generosity and help with the Boys/Girls Club Golf Tournament.

 

d.      Star of David Memorial Gardens II – Site Plan Amendment – SPR 04-12

 

NAME OF APPLICANT

Funeral Services Acquisition Group

PROJECT NAME

Star of David Memorial Gardens II

PROJECT LOCATION

7701 Bailey Road

PROJECT DESCRIPTION

Amendments to the approved (March 29, 2005 City Commission) final site plan to construct mausoleums and office building within a Community Facility (CF) District: landscaping.

 

All interested parties were sworn in by City Attorney Goren.  Staff presentation by Ms. Reed.  Public Hearing opened.  No comments.  Public Hearing closed.  Commissioner Hilton made a motion and second to approve the proposed amendments to the final site plan SPR 04-12 to construct a mausoleum and office building in a Community Facility (CF) zoning district   Motion seconded by Commissioner Cangemi.  All yes.

 

SITE PLAN APPROVED UNANIMOUSLY.

 

7.                  ORDINANCES SECOND READING

 

a.      Ordinance Second Reading – Amendments to the City’s Code of Ordinance Provisions pertaining to  Military Leave Personnel Policies (E. King)

 

Attorney Goren read:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 46, ENTITLED “PERSONNEL,” ARTICLE IX, ENTITLED “HOLIDAYS, VACATIONS, AND LEAVES,” SECTION 46-233 “MILITARY LEAVE” TO PROVIDE FOR  COMPLIANCE WITH FEDERAL AND STATE REGULATIONS PERTAINING TO MILITARY LEAVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE

 

Public hearing opened.  No comments.  Public hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE 06-04-1155 PASSED AND ADOPTED UNANIMOUSLY.

 

8.                  CONSENT AGENDA

 

Vice Mayor Moyle moved to read the consent agenda.  Seconded by Commissioner Frankel.   All yes.  Attorney read:

 

 

a.      Ordinance First Reading – Time Period for Public Comment at City Commission and Other Public Meetings

 

A motion to pass on first reading:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION,” AND MORE PARTICULARLY SECTION 2-55, ENTITLED “PUBLIC PARTICIPATION AND DISCUSSION,” OF THE NORTH LAUDERDALE CODE OF ORDINANCES BY CHANGING THE TIME LIMITATION FOR PUBLIC DISCUSSION AT PUBLIC MEETINGS FROM FIVE (5) MINUTES MAXIMUM PER PERSON TO THREE (3) MINUTES MAXIMUM PER PERSON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

b.      Resolution – Supporting  HB 949 and SB 1608 Preserving City Home Rule Powers

 

A motion to adopt:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT HOUSE BILL 949 AND SENATE BILL 1608 THAT WILL PRESERVE CITY HOME RULE POWERS TO DETERMINE POLICIES AND REGULATE LAND USE DEVELOPMENT AND VOLUNTARY ANNEXATIONS; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-04-4992

 

 

c.       Resolution –  North Lauderdale Academy High School Air Conditioning Unit Emergency Repair

 

A motion to adopt:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER, TO APPROVE THE PAYMENT OF $75,000.00 TO REGRIGERATION XPERTS INC.  FOR THE REPAIR OF THE AIR CONDITIONING UNITS LOCATED AT NORTH  LAUDERDALE ACADEMY HIGH SCHOOL; AND PROVIDING FOR THE ALLOCATION OF SAID FUNDS, PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-04-4993

 

d.      Resolution – T-Mobile Lease Agreement for Ground Space for Cell Tower

 

A motion to adopt:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE AN ACCEPTABLE LEASE AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND T-MOBILE FOR THE LEASING OF GROUND SPACE AND THE CONSTRUCTION OF A CELL TOWER SITE AT THE SENIOR CENTER TO SERVICE BOTH T-MOBILE AND VERIZON; AND PROVIDING AN EFFECTIVE DATE..

RESOLULTION 06-04-4994

 

e.      Resolution  – Hurricane Emergency  Generator Purchase

 

A motion to adopt:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO PURCHASE TWO GODWIN HUSH POWER GENERATORS, MODEL GHP65KW3-R AND ONE GODWIN HUSH POWER GENERATOR, MODEL GHP100KW-R IN A COMBINED AMOUNT NOT TO EXCEED $80,276.00; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-04-4995

 

f.        Resolution – Authorizing Contract with Akerblom Contracting for Lift Station #13 Upgrade Project

 

A motion to adopt:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER, TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND AKERBLOM CONTRACTING INC. FOR LIFT STATION #13 UPGRADE PROJECT AND TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE ALLOCATION OF FUNDS; AND, PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-04-4996